Jersey Unreported Judgments

 2002/70

ROYAL COURT

(Samedi Division)

 

25^th March 2002

 

 

The Attorney General

-v-

Leonard William Albert Cooke

Gerald McClements

 

Sentencing by the Superior Number of the Royal Court, to which the defendants were remanded by the Inferior Number on 15^th February, 2002, following guilty pleas to the following counts:

 

Leonard William Albert Cooke

 

2 counts of:

Being knowingly concerned in the fraudulent evasion of the prohibition on the importation of a controlled drug, contrary to Article 61(2)(b) of the Customs and Excise (General Provisions) (Jersey) Law 1999. Count 1: Cannabis resin Count 2: Cocaine

 

 

Age:     65

 

Details of Offence:

Cooke imported 26 nine bars of cannabis weighing 6.353 kilos with a street value of £37,440 and 27.34 grams of cocaine with a street value of £2,187.  McClements imported 28 nine bars of cannabis weighing 6.559 kilos with a street value of £40,320.  Defendants denied importation was a joint enterprise and this was accepted by the Crown.  Defendants were stopped by Customs following their arrival from ferry.  Both defendants had cannabis strapped to their bodies in identical wrappings.  Cooke also had a wrap of cocaine in his shirt pocket which he said was a present for someone in Jersey.  Cooke had £506.35 in cash on him and McClements had £311.42.  Confiscation orders in these sums were granted.

 

 

 

Details of Mitigation:

Cooke had good character to age 52 and had served in the army.  He then purchased a public house with his wife but sadly she died at the age of 47.  Cooke then began drinking heavily and became penniless.  His final job prior to retirement was as a caretaker for a London Borough Council and he was made redundant.  At time of offence, had financial difficulties.

 

Previous Convictions:

Two previous: importation of tobacco to the UK without paying Customs duty; importation of cannabis in 1996 to the UK, imprisoned for 18 months'.

 

Conclusions:

 

Count 1:	4 years' imprisonment (5 years' starting point).
Count 2:	5 years' imprisonment, concurrent (8 years' starting point).

 

£506.35 confiscation order.

 

Sentence and Observations of Court:

 

Count 1:	2½ years' imprisonment (4 years' starting point).
Count 2:	4 years' imprisonment, concurrent (8 years' starting point).

 

Gerald McClements

 

1 Count of

being knowingly concerned in the fraudulent evasion of the prohibition on the importation of controlled drugs contrary to Article 61(2)(b) of the Customs and Excise (General Provisions) (Jersey) Law 1999: Count 3: cannabis resin

 

 

Age:     50

 

Details of Offence:

See Cooke, above.

 

Details of Mitigation:

McClements - unemployed, talked about his financial worries in a pub and an unknown person offered him money to carry drugs to Jersey.  The following morning he was on the ferry to Jersey before he had time to reflect or to sober up.

 

Previous Convictions:

 

52 previous offences most notably a 10 year prison sentence in 1980 for armed robbery and 12 year prison sentence in 1989 for armed robbery.

 

Conclusions:

 

Count 1:

4 years' imprisonment (starting point: 5 years').

 

 

Sentence and Observations of Court:

 

Count 1:

3 years' imprisonment (starting point: 4 years').

 

 

 

Mrs. S. Sharpe, Crown Advocate.

Advocate J.C. Gollop for L. W. A. Cooke.

Advocate S.J. Young for G. McClements

 

 

 

JUDGMENT

 

THE DEPUTY BAILIFF:

1.        It is sad to see someone in Cooke's position who has served the Crown in the army, reduced to smuggling drugs for reward; in this case £1,000.

2.        He brought in 6.3 kilos of cannabis resin with a street value of £37,000; and he also brought in 27 grams of cocaine with a street value of some £2,100; although this was apparently given to him at the last moment, as an addition and was said to be a present for someone in Jersey. 

3.        Sadly it is not the first occasion he has undertaken a drugs run for reward; in 1996 he was paid to bring cannabis in to the United Kingdom from Spain.

4.        We must first consider the starting point.  In the case of Rimmer & Ors, it was said that for 20 to 50 grams of cocaine, the starting point should be between 8 and 10 years.  We agree that, in view of the amount and the degree of involvement, the correct starting point here is 8 years. 

5.        In relation to the cannabis, the guideline case is that of Campbell & Ors, where a starting point of 2 to 6 years is given for between 1 and 10 kilos.  We think that, taking account of the amount, and again the degree of involvement, Mr Gollop was correct to suggest that the right starting point was one of 4 years, rather than the 5 years suggested by the Crown.

6.        In mitigation we take into account the defendant's service to the Crown and more particularly, the fact that, until he was 52, he had committed no offences at all.  He was running a public house with his wife. But his life fell apart when she died.  He lost all his savings through alcohol, and since then has been reduced to modest employment, or to State benefits.

7.        We take into account, in addition, his guilty plea, and the fact that he is 65.  All in all, we think we can allow slightly greater mitigation than was allowed by the Crown.

8.        Stand up please, the sentence of the Court is that, on count 1 you will be sent to imprisonment for 2½ years; on count 2, 4 years concurrent, making 4 years in all.

9.        In the case of McClements, he too has imported 6.5 kilos of cannabis on the same occasion.  Although it was not a joint venture, he too was being paid a sum of £1,000.  We, therefore, agree that the starting point in his case too should be 4 years.

10.      In mitigation he has pleaded guilty.  He has an appalling record including offences of armed robbery; however, he has no previous drug convictions. Mr Young has emphasised that he committed this act on the spur of the moment, when invited to a public house to earn some money for Christmas; nevertheless, we think that adequate allowance has been made by the Crown in his case for all mitigation.     

11.      So stand up please; the sentence of the Court in your case is one of 3 years imprisonment and we order the forfeiture and destruction of the drugs.

Authorities

Campbell & Ors. -v- A.G. (1995) JLR 136 CofA.

Rimmer & Ors -v- A.G. (2001) JLR 373 CofA.

A.G. -v- Graham (10^th January, 2002) Jersey Unreported.

A.G. -v- Bonnar (7^th January, 2001) Jersey Unreported.